I will be eligible for full retirement in February of 2022 (born in December of 1955) at which time I will have accrued 21 years with substantial earnings in the US. I have also worked overseas for a period of 18 years without SS withholdings and I will be using US credits to get a pension there as well. My overseas overall pension will be reduced by 30% because of the fact I will also receive US retirement benefits. Does WEP apply in my case and if so how will my SS retirement benefits be affected?
Hi. The Windfall Elimination Provision (WEP) won't apply in your case if the only pension you receive in addition to your U.S. Social Security retirement benefit is based on a totalization agreement between the U.S. and a foreign country. In order for the foreign pension to be excluded from counting for WEP, it would would need to be true that you wouldn't qualify for the foreign pension without crediting your U.S. Social Security credits. Totalization benefits, that is pensions that are based on a combination of Social Security credits earned in the U.S. and another country, are excluded from counting as a non-covered pension for WEP purposes (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605386).
Best, Jerry